In this blog post, I explain how SCOTUS's decision in Cox v. Sony will be mitigated, narrowed, and likely circumvented.
Bottom line: despite Thomas's opinion, courts are unlikely to let service providers knowingly facilitate copyright infringement.
blog.ericgoldman.org/archives/202...
The Law Bytes Podcast, Episode 253: Guy Rub (@guyrub.bsky.social) on the Unconvincing Case for a New Canadian Artists’ Resale Right
www.michaelgeist.ca/2025/12/the-...
"copyright's invisible hand: subsidizing america's cultural institutions" @guyrub.bsky.social #wipip26
what if we unbundle users/consumers? copyright law sometimes tells intensive users to pay more; other times treats all users the same way
Congress's copyright policy has consistently sought to subsidize libraries and the publishers have found a loophole through that with the ebook licensing market. -- @guyrub.bsky.social #wipip26
"In a field dominated by open-ended standards refined across thousands of disputes, a court that decides fewer than one copyright case per year is structurally ill-suited to act as a central planner"
- @guyrub.bsky.social
My new work suggests SCOTUS plays a limited role in shaping copyright law, as its decisions are filtered & narrowed by repeat players. The result is a resilient & decentralized copyright system.
Thoughts on the connection to Cox v. Sony are coming soon.
papers.ssrn.com/sol3/papers....
Great panel now on how we understand the consumer when we assess the prospect of competition in fair use, with Erich Andersen, @kristelia.bsky.social, @katgeddes.bsky.social, @guyrub.bsky.social, and @cjsprigman.bsky.social #conspicuousconsumers
Scales of Justice
Just in time for the new semester, @guyrub.bsky.social, Ethan Leib, @pamelabookman.bsky.social, @matthewtbodie.bsky.social, Tal Kastner, & @jakelinford.bsky.social have made available a new open-source contracts casebook.
lawprofessors.typepad.com/contractspro...
My co-authors (@jakelinford.bsky.social, @matthewtbodie.bsky.social, @pamelabookman.bsky.social, Ethan Leib, & Tal Kastner) and I are excited to share a new project: an open-source, free, customizable & modular contract law casebook.
Check it out!
lawprofessors.typepad.com/contractspro...
My article, Reimagining Digital Libraries, analyzing the struggle of public libraries to adapt to the digital world, and why copyright law should adjust to tackle that new world is now out at the Georgetown Law Journal.
Read it while it last.
papers.ssrn.com/sol3/papers....
I don't think it's about skills. I think the question is whether they added anything that is original. In the Blue Boy case I think they didn't. In the music examples, I doubt they added anything to the music (it's pure imitation), but the movies, of course, add enough to be protected.
As old as Alfred Bell v. Catalda is, isn't it similar to the newly-recorded songs in musical biographies? Chalamet doing Dylan, Malek doing Mercury, and so on.
Putting in a lot of labor to fully copy a famous artist as closely as possible, without attempting to add anything of your own.
It is exciting to participate in the wonderful Tri-State IP workshop. Thanks @jeannefromer.bsky.social for inviting me.
Jim Harbaugh losing to C. J. Stroud. Sadness.
It's a good time to be a Buckeye in Texas.
Of course nobody likes ND. But I want someone to take down Georgia's evil empire in the next round. So, go Irish?
The "logic" of @fetterman.senate.gov is truly fascinating. I support the first federal anti-LGBTQ legislation in decades, but it doesn't mean anything because I have a pride flag. We'll, you should take it down. #loser
www.post-gazette.com/news/politic...
So what is Texas's flagship win this season? (Or ND, or PSU for that matter). Why should they be highly ranked?
The Buckeyes only needs to beat Tennessee, Oregon, Texas, and Georgia to win the natty. Easy.
BTW, Ryan Day is 0-3 against SEC teams.
Maybe Julian Sayin should take it from here, including this year's playoff.
Will Howard is a really nice guy, but it's not it.
Buckeyes has the best defense in the country. Best WRs in the country. Most expensive squad. 6 of the top 11 recruits in the senior year.
Michigan without their best players.
This should be Ryan Day's last game as our head coach.
Horrible Horrible offensive game by the team with the best WRs in the country. By a mile. And they are playing well when they get the ball. Which is so rare.
Or the kicking. But passing is still better.
Stop. Running. The. F*. Ball.
Seeing Urban on the sidelines is such a tease.
Yes. If they win. That's a big IF atm.
Smart decision by Georgia to dedicate some of their NIL budget to the refs.
This Game was fun (and sooo long) but the level was just OK.
The new decision in X v Bright Data muddles the water. It holds that C's contract (and other) claims prohibiting scrapping are preempted (and for reasons that are less clear than before), but those preventing access are now OK.
news.bloomberglaw.com/ip-law/x-par...
It is quite crazy how difficult the #1 draw is.
As a OSU fan, I think that the SEC champion should be ranked #1 in the college football playoff. I hope it happens.
If this is the bracket for college football, both Oregon and OSU will try to throw the Big10 champion game.